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Sorry dear it's your own fault
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Zastrozzi
Zastrozzi
144 posts

Re: Sorry dear it's your own fault
Nov 24, 2005, 23:47
That was always the bad drafting of the 2003 act though - and I seem to remember someone pointing it out at the time - that clause about having 'freedom and capacity' to give consent. It makes the question of 'capacity' a matter of opinion, insofar as the man can later claim that he believed the woman had sufficient 'capacity' - and in a case like this, some bloke who's thinking with his cock is likely to come down on the side which means he gets what he wants. Which by the looks of things means the act didn't really get us any further forward at all.

It was a fucking crap decision just the same; as one of the commentators on ICWales said, he was judging her on having gotten drunk - so once again we're really no further forward from the 'her skirt was too short - she was begging for it' days.
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